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The exercise of
discretion and independent judgment must be more than the use of skill in
applying well-established techniques, procedures or specific standards
described in manuals or other sources.
The exercise of discretion and independent judgment also does not
include clerical or secretarial work, recording or tabulating data, or
performing other mechanical, repetitive, recurrent or routine work. For example, an employee who simply
tabulates data is not exempt as an administrative employee, even if they are
called a “statistician.”
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